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Nintendo Co. Ltd and Others v. PC Box and 9Net Srl

Case No. C-355/12 (2014)

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Nintendo Co. Ltd and Others v. PC Box and 9Net Srl

European Union Court of Justice
Case No. C-355/12 (2014)

  • Written by Jody Stuart, JD

Facts

Nintendo Co. Ltd, Nintendo of America Inc., and Nintendo of Europe GmbH (collectively, Nintendo) (plaintiffs) adopted technological measures that prevented the use of illegal copies of video games on Nintendo consoles. These technological protection measures were installed in the consoles. Subsequently, PC Box Srl (defendant) sold equipment that deactivated Nintendo’s technological protection measures. In Italian court, Nintendo sued PC Box over the sale of the PC Box equipment. PC Box argued that Nintendo’s technological measures were actually intended to prevent the use of independent software that did not constitute an illegal copy of video games but that would enable MP3 files, movies, and videos to be read on the Nintendo consoles. The national court requested a preliminary ruling from the European Union Court of Justice regarding the European Union’s requirement that member states provide adequate legal protection against the circumvention of technological protection measures.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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